Order of the President of the People’s Republic of China
No. 57
The Exit and Entry Administration Law of the People’s Republic of China, adopted at the 27th meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on June 30, 2012, and is hereby promulgated and shall come into force as of July 1, 2013.
Hu Jintao
President of the People’s Republic of China
June 30, 2012
Exit and Entry Administration Law of the People’s Republic of China
(Adopted at the 27th meeting of the Standing Committee of the Eleventh National People’s Congress on June 30, 2012)
Contents
Chapter I General Provisions
Chapter II Exit and Entry of Chinese Citizens
Chapter III Entry and Exit of Foreigners
Section 1 Visa
Section 2 Entry and Exit
Chapter IV Stay and Residence of Foreigners
Section 1 Stay and Residence
Section 2 Permanent Residence
Chapter V Border Inspection of Transport Vehicles Exiting/Entering
China
Chapter VI Investigation and Repatriation
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 In order to regulate exit/entry administration, safeguard the sovereignty, security and social order of the People’s Republic of China, and promote foreign exchanges and opening to the outside world, this Law is hereby formulated.
Article 2 This Law is applicable to the administration of exit and entry of Chinese citizens, entry and exit of foreigners, stay and residence of foreigners in China, and the exit/entry border inspection of transport vehicles.
Article 3 The State protects Chinese citizens’ legitimate rights and interests of exiting and entering the country.
The legitimate rights and interests of foreigners in China shall be protected by laws. Foreigners in China shall abide by the Chinese laws, and shall not endanger China’s national security, harm public interests and disrupt social and public order.
Article 4 The Ministry of Public Security and the Ministry of Foreign Affairs shall, within the scope of their respective responsibilities, be responsible for administering exit/entry affairs.
Embassies and consulates of the People’s Republic of China and other institutions stationed abroad entrusted by the Ministry of Foreign Affairs (hereinafter referred to as “the visa-issuing authorities abroad”) shall be responsible for issuance of entry visas to foreigners. Exit/entry border inspection authorities shall be responsible for carrying out exit/entry border inspection. Public security organs under local people’s governments at or above the county level and their exit/entry administrations shall be responsible for the administration of the stay and residence of foreigners.
The Ministry of Public Security and the Ministry of Foreign Affairs may, within the scope of their respective responsibilities, entrust exit/entry administrations of public security organs or foreign affairs departments under local people’s governments at or above the county level to accept foreigners’ applications for entry, stay and residence in China.
In the administration of exit/entry affairs, the Ministry of Public Security and the Ministry of Foreign Affairs shall strengthen communication and cooperation, cooperate closely with relevant departments under the State Council, and exercise functions and powers and bear liabilities within the scope of their respective responsibilities in accordance with the law.
Article 5 The State shall establish a uniform exit/entry administration information platform to share information among relevant administrative departments.
Article 6 The State shall establish exit/entry border inspection authorities at the ports open to foreign countries.
Chinese citizens, foreigners as well as transport vehicles shall exit or enter China via the ports open to foreign countries, or via the places approved by the State Council or by the departments authorized by the State Council under special circumstances. Personnel and transport vehicles that exit or enter China shall be subject to exit/entry border inspection.
Exit/entry border inspection authorities shall be responsible for relevant administration work in the restricted zones of ports. On the basis of the need for safeguarding national security and maintaining the order of exit/entry administration, exit/entry border inspection authorities may conduct border inspection on the belongings of the persons who exit or enter China. When necessary, exit/entry border inspection authorities may conduct border inspection on the goods carried by transport vehicles that exit or enter China. However, exit/entry border inspection authorities shall notify the Customs of such inspections.
Article 7 Upon approval by the State Council, the Ministry of Public Security and the Ministry of Foreign Affairs may, on the basis of the need for exit/entry administration, set forth regulations on the collection and keep of fingerprints and other biometric identification information of the persons who exit or enter China.
Where foreign governments have special regulations on issuing visas to Chinese citizens or the exit/entry administration of Chinese citizens, the Chinese government may, as the circumstances require, take corresponding and equivalent measures.
Article 8 Departments and institutions that are responsible for the exit/entry administration shall take practical measures, constantly improve service and administration, enforce laws impartially, provide convenient and efficient service and ensure the security and conveyance of the exit/entry procedures.
Chapter II
Exit and Entry of Chinese Citizens
Article 9 Chinese citizens who exit or enter China shall, in accordance with the law, apply for passports or other travel documents.
Chinese citizens bound for other countries or regions shall obtain visas or other entry permits from destination countries, unless the Chinese government has signed visa exemption agreements with the governments of those countries, or otherwise stipulated by the Ministry of Public Security and the Ministry of Foreign Affairs.
Chinese citizens who exit or enter China as seamen or work on foreign ships shall apply for seamen’s certificates in accordance with the law.
Article 10 Chinese citizens who travel between the Mainland and the Hong Kong Special Administrative Region, between the Mainland and the Macao Special Administrative Region, and between the Mainland and Taiwan Region, shall apply for exit/entry permits in accordance with the law, and abide by the relevant provisions of this Law. The specific administrative measures shall be stipulated by the State Council.
Article 11 Chinese citizens who exit or enter China shall submit their exit/entry documents such as passports or other travel documents to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may exit or enter upon examination and approval.
For ports that meet relevant conditions, exit/entry border inspection authorities shall provide convenience such as special lanes for the exit and entry of Chinese citizens.
Article 12 Under any of the following circumstances, Chinese citizens are not allowed to exit China:
(1) Hold no valid exit/entry documents, or refuse or evade border inspection;
(2) Are sentenced to criminal punishments, the execution of which have not been completed, or are suspects or defendants in criminal cases;
(3) Are involved in unsettled civil cases and not allowed to exit China upon decision of the people’s courts;
(4) Are subject to criminal punishment for impairing border administration, or are repatriated by other countries or regions due to illegal exit from China, illegal residence or illegal employment, and the No-Exit-from-China period has not expired;
(5) May endanger national security or interests, and are not allowed to exit China upon decision by competent departments under the State Council; or
(6) Other circumstances in which exit from China is not allowed in accordance with laws or administrative regulations.
Article 13 Chinese citizens residing abroad who desire to return to China for permanent residence shall, prior to the entry, file applications with Chinese embassies or consulates or other institutions stationed abroad entrusted by the Ministry of Foreign Affairs. They may also file such applications to the overseas Chinese affairs departments under the local people’s governments at or above the county level of the proposed places of permanent residence on their own or via their relatives in China.
Article 14 When handling financial affairs or affairs involving education, medical treatment, transportation, telecommunications, social insurance or property registration, where identity certificates are required, Chinese citizens residing abroad may provide their passports for proof of identity.
Chapter III
Entry and Exit of Foreigners
Section 1
Visa
Article 15 In order to entering China, foreigners shall apply to the visa-issuing authorities stationed abroad for a visa, except as otherwise provided for in this Law.
Article 16 Visas are categorized as diplomatic visa, courtesy visa, official visa and ordinary visa.
Diplomatic or official visas shall be issued to foreigners who enter China for diplomatic or official reasons; and courtesy visas shall be issued to foreigners who are given courtesy due to their special status. The scope and measures for issuing diplomatic, courtesy and official visas shall be stipulated by the Ministry of Foreign Affairs.
Appropriate types of ordinary visa shall be issued to foreigners who enter China due to non-diplomatic or official reasons including work, study, family visit, travel, business activities and talent introduction. The types of ordinary visa and relevant issuance measures shall be stipulated by the State Council.
Article 17 The registered items of a visa shall include visa type, name, sex, date of birth, number of allowed entries, validity period of entry and duration of stay of the holder, date and place of issuance, as well as passport number or other international travel documents number.
Article 18 Foreigners who apply for visas shall submit their passports or other international travel documents, as well as information of specific application matters, to the visa-issuing authorities stationed abroad. They shall go through relevant formalities and accept interviews in accordance with the requirements of the visa-issuing authorities stationed abroad.
Article 19 Where foreigners applying for visas need to provide written invitations issued by entities or individuals within China, the applicants shall provide such invitations in accordance with the requirements of the visa-issuing authorities abroad. Entities or individuals that issue written invitations shall be liable for the fidelity of the contents.
Article 20 Foreigners who need to enter China urgently for humanitarian reasons, or are invited to enter China for urgent business or rush repair work, or have other urgent needs, and hold materials that prove the competent departments’ approval of their applying for visas at port, may apply for port visas with the visa-issuing authorities entrusted by the Ministry of Public Security at the ports (hereinafter referred to as “port visa authorities”) which are approved to issue port visas by the State Council.
Travel agencies that organize inbound tourism in accordance with relevant State regulations may apply for group tourist visas from port visa authorities.
Foreigners who apply to port visa authorities for visas shall submit their passports or other international travel documents, as well as relevant information of specific application matters. They shall go through relevant formalities in accordance with the requirements of the port visa authorities, and enter China at the ports where they apply for visas.
Visas issued by port visa authorities shall be single entry and the duration of stay shall not exceed 30 days.
Article 21 Under any of the following circumstances, visas shall not be issued to foreigners:
(1) Was deported, or was repatriated upon decision, and the No-Entry-into-China period has not expired;
(2) Is suffering from serious mental disorders, infectious tuberculosis or other infectious diseases that may severely jeopardize the public health;
(3) May endanger China’s national security or interests, or disrupt social and public order, or engage in other illegal or criminal activities;
(4) Resort to fraudulent acts in visa application or cannot guarantee expected expenditures during their stay in China;
(5) Fail to submit relevant information required by the visa-issuing authorities; or
(6) Other circumstances in which visa authorities consider a visa should not be issued.
The visa-issuing authorities are not required to give reasons for refusing the issuance of a visa.
Article 22 Under any of the following circumstances, foreigners may be exempt from applying for visas:
(1) So exempted based on the visa exemption agreements signed by the Chinese government with the governments of other countries;
(2) Hold valid foreigners’ residence permits;
(3) Hold connected passenger tickets and are in transit to a third country or region by an international aircraft, ship or train via China, will stay for not more than 24 hours in China without leaving the port of entry, or will stay in the specific zones approved by the State Council within the prescribed time limit; or
(4) Other circumstances stipulated by the State Council in which visas may be exempted.
Article 23 Where foreigners under any of the following circumstances need to enter China temporarily, they shall apply to exit/entry border inspection agencies for going through the formalities for temporary entry:
(1) Foreign seamen and their accompanying family members disembark at cities where the ports are located;
(2) Persons specified in Subparagraph (3) of Article 22 of this Law need to leave ports; or
(3) Foreigners need to enter China temporarily due to force majeure or for any other urgent reason.
The duration of stay for temporary entry shall not exceed 15 days.
For foreigners who apply for going through the formalities for temporary entry, exit/entry border inspection authorities may require such foreigners, the persons in charge of the transport vehicles used for such foreigners’ entry or the agencies handling the exit/entry business for transport vehicles to provide necessary guaranty measures.
Section 2
Entry and Exit
Article 24 Foreigners who enter China shall submit their passports, other international travel documents, visas or other entry permits to the exit/entry border inspection authorities for examination, go through the prescribed formalities, and may enter upon examination and approval.
Article 25 Under any of the following circumstances, foreigners shall not be allowed to enter China:
(1) Hold no valid exit/entry documents, or refuse or evade border inspection;
(2) Are involved in any of the circumstances specified in Subparagraph (1) through (4) of the first paragraph of Article 21 of this Law;
(3) May engage in activities not conform to the types of visa after entering China; or
(4) Other circumstances in which entry is not allowed in accordance with laws or administrative regulations.
Exit/entry border inspection authorities are not required to give reasons for denying an entry.
Article 26 Exit/entry border inspection authorities shall order foreigners who are denied entry in China to return, and shall force the return of those who refuse to do so. While waiting for return, those foreigners shall not leave the restricted zones.
Article 27 Foreigners who exit China shall submit their exit/entry documents including passports or other international travel documents to the exit/entry border inspection authorities for examination, go through prescribed formalities, and may exit upon examination and approval.
Article 28 Under any of the following circumstances, foreigners shall not be allowed to exit China:
(1) Are sentenced to criminal punishments, the execution of which are not completed, or suspects or defendants in criminal cases, except those who are sentenced and transferred under relevant agreements between China and foreign countries;
(2) Are involved in unsettled civil cases and are not allowed to exit China upon decision of the people’s courts;
(3) Are in arrears of paying off labor remuneration and therefore are not allowed to exit by decision of the relevant departments under the State Council or of the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government; or
(4) Other circumstances in which exit shall not be allowed in accordance with laws or administrative regulations.
Chapter IV
Stay and Residence of Foreigners
Section 1
Stay and Residence
Article 29 Where the duration of stay specified in a visa held by a foreigner does not exceed 180 days, the holder may stay in China within the duration specified therein.
Where the duration of stay needs to be extended, the visa holder shall file an application with the exit/entry administration of public security organ under the local people’s government at or above the county level in the place of his stay seven days prior to the expiry of the duration specified in the visa, and shall submit information of specific application matters in accordance with relevant requirements. If upon examination, the reasons for extension are appropriate and sufficient, such extension shall be granted; if an extension is denied, the foreigner shall leave China on the expiry of the duration.
The accumulated length of extension shall not exceed the original duration of stay specified in the visa.
Article 30 Where visas held by foreigners specify that foreigners need to apply for residence permits after entry, such foreigners shall, within 30 days from the date of their entry, apply to the exit/entry administrations of public security organs under local people’s governments at or above the county level in the proposed places of residence for foreigners’ residence permits.
Applicants for foreigners’ residence permits shall submit their passports or other international travel documents, as well as relevant information of specific application matters, and provide biometric identification information such as fingerprints. The exit/entry administrations of public security organs shall, within 15 days upon the date of receipt, conduct examination and make a decision thereupon. Based on the purpose of residence, those administrations shall issue the appropriate types of foreigners’ residence permits with the duration.
The validity period of a foreigner’s work-type residence permit shall be 90 days at the minimum and five years at the maximum; and the validity period of a non-work-type foreigner’s residence permit shall be 180 days at the minimum and five years at the maximum.
Article 31 Under any of the following circumstances, a foreigner’s residence permit shall not be issued:
(1) The visa held does not belong to the type for which a foreigner’s residence permit should be issued;
(2) Resorts to fraudulent acts in application;
(3) Fails to provide relevant supporting materials in accordance with relevant regulations;
(4) Is not eligible to reside in China because of violation of relevant Chinese laws or administrative regulations; or
(5) Other circumstances in which the issuing authority considers a foreigner’s residence permit should not be issued.
Foreigners with expertise and foreign investors who conform to relevant State regulations or foreigners who need to change their status from stay to residence for humanitarian or other reasons, may undergo the formalities for obtaining foreigner’s residence permits upon approval by the exit/entry administrations of public security organs under local people’s governments at or above the city with districts.
Article 32 Foreigners residing in China who apply for the extension of the duration of residence shall, within 30 days prior to the expiry of the validity period on their residence permits, file applications with the exit/entry administrations of public security organs under local people’s governments at or above the county level, and submit relevant information of specific application matters in accordance with relevant requirements. If upon examination, the reasons for extension are appropriate and sufficient, an extension shall be granted; if an extension is denied, the foreigner concerned shall leave China on the expiry of the validity period specified in their residence permits.
Article 33 The registered items of a foreign residence permit shall include name, sex, date of birth, reason for residence and duration of residence of the holder, date and place of issuance, passport number or other international travel documents number.
Where the registered item in a foreigner’s residence permit has changed, the holder shall, within 10 days from the date of change, apply to the exit/entry administration of public security organ under the local people’s government at or above the county level in the place of residence for going through the formalities for alteration.
Article 34 Where visa-exempt foreigners need to stay in China longer than the visa-free period, or foreign seamen and their accompanying family members need to leave the cities where the ports are located, or under other circumstances in which foreigners’ stay permits should be applied for, they shall apply for such permits in accordance with relevant regulations.
The maximum validity period of a foreigner’s stay permit shall be 180 days.
Article 35 Where ordinary visas, stay or residence permits held by foreigners need to be reissued due to damage, loss, theft, robbery or other reasons in compliance with relevant State regulations after foreigners enter China, those foreigners shall apply for a reissue with the exit/entry administrations of public security organs under local people’s governments at or above the county level in the places of stay or residence in accordance with relevant regulations.
Article 36 Decisions made by the exit/entry administration of public security organ on rejecting applications for visa extension or reissuance, or on not issuing foreigners’ stay or residence permits or not extending the duration of residence shall be final.
Article 37 Foreigners who stay or reside in China shall not engage in activities not corresponding to the purpose of stay or residence, and shall leave China prior to the expiry of the prescribed duration of stay or residence.
Article 38 Foreigners having reached the age of 16 who stay or reside in China shall carry with them their passports or other international travel documents, or foreigners’ stay or residence permits, and accept the inspection of public security organs.
Foreigners who reside in China shall, within the prescribed time limit, submit foreigners’ residence permits to public security organs under local people’s governments at or above the county level in the places of residence for examination.
Article 39 Where foreigners stay in hotels in China, the hotels shall register their accommodation in accordance with the regulations on the public security administration of the hotel industry, and submit foreigners’ accommodation registration information to the public security organs in the places where the hotels are located.
For foreigners who reside or stay in domiciles other than hotels, they or the persons who accommodate them shall, within 24 hours after the foreigners’ arrival, go through the registration formalities with the public security organs in the places of residence.
Article 40 For foreign infants born in China, their parents or agents shall, within 60 days after they are born, on the strength of the birth certificates, go through the formalities for stay or residence registration for them with the exit/entry administrations of public security organs under people’s governments at or above the county level in the places of their parents’ stay or residence.
For foreigners who decease in China, their relatives, guardians or agents shall, in accordance with relevant regulations, on the strength of the death certificates, report their death to the exit/entry administrations of the public security organs under local people’s governments at or above the county level to cancel their stay or residence permits.
Article 41 Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
The administrative measures for foreigners working in China shall be stipulated by the State Council.
Article 42 The competent department of human resources and social security and the competent department in charge of foreign experts affairs under the State Council shall, in conjunction with relevant departments under the State Council, formulate and regularly adjust the guiding catalogue for foreigners working in China based on the needs for economic and social development as well as the supply and demand of human resources.
The competent department of education under the State Council shall, in conjunction with relevant departments under the State Council, establish an administrative system for foreign students working to support their study in China and set forth regulations on the scope of jobs and the limit of work time for such foreign students.
Article 43 Any of the following acts of foreigners shall be deemed unlawful employment:
(1) Work in China without obtaining work permits or work-type residence permits in accordance with relevant regulations;
(2) Work in China beyond the scope prescribed in the work permits; or
(3) Foreign students work in violation of the regulations on the administration of foreign students working to support their study in China and work beyond the prescribed scope of jobs or prescribed time limit.
Article 44 On the basis of the need for maintaining national security and public security, public security organs and national security organs may impose restrictions on foreigners and foreign institutions from establishing places of residence or work in certain areas; and may order that established places of residence or work be relocated within a prescribed time limit.
Without approval, foreigners shall not access foreigner-restricted areas.
Article 45 Entities that employ foreigners or enroll foreign students shall report relevant information to local public security organs in accordance with relevant regulations.
Citizens, legal persons or other organizations who find foreigners illegal enter, reside or work in China shall duly report such matter to the local public security organs.
Article 46 Foreigners applying for refugee status may, during the screening process, stay in China on the strength of temporary identity certificates issued by public security organs; foreigners who are recognized as refugees may stay or reside in China on the strength of refugee identity certificates issued by public security organs.
Section 2
Permanent Residence
Article 47 Foreigners who have made remarkable contribution to China’s economic and social development or meet other conditions for permanent residence in China may obtain permanent residence status upon application approved by the Ministry of Public Security.
The administrative measures for examination and approval of foreigners’ permanent residence in China shall be stipulated by the Ministry of Public Security and the Ministry of Foreign Affairs in conjunction with relevant departments under the State Council.
Article 48 Foreigners who have obtained permanent residence status may reside or work in China on the strength of permanent residence permits, and exit or enter China on the strength of their passports and permanent residence permits.
Article 49 Where foreigners fall under any of the following circumstances, the Ministry of Public Security shall decide to cancel their permanent residence status in China:
(1) Endanger China’s national security or interests;
(2) Are deported;
(3) Obtain permanent residence status in China by fraudulent acts;
(4) Fail to reside in China for the prescribed time limit; or
(5) Other circumstances in which foreigners are not eligible to reside in China permanently.
Chapter V
Border Inspection of Transport Vehicles Exiting/Entering China
Article 50 Transport vehicles that exit or enter China shall be subject to border inspection when leaving or arriving at ports. Border inspection of entering transport vehicles shall be conducted at the first arriving port in China; border inspection of exiting transport vehicles shall be conducted at the last port when they leave China. Under special circumstances, border inspection may be conducted in places designated by competent authorities.
Without the permission of exit/entry border inspection authorities in accordance with prescribed procedures, transport vehicles that exit China shall not embark or disembark passengers, or load and unload goods or articles between exit inspection and exit, and nor shall transport vehicles that enter China do so between entry and entry inspection.
Article 51 Persons in charge of transport vehicles or agencies handling the exit/entry business for transport vehicles shall, in accordance with relevant regulations, report to the exit/entry border inspection authorities in advance on the entering or exiting transport vehicles’ time of arrival at or departure from the port and the places of stay, and truthfully declare information including staff, passengers, goods and articles.
Article 52 Persons in charge of transport vehicles or agencies handling the exit/entry business for transport vehicles shall provide cooperation in exit/entry border inspection, and shall immediately report any violations of this Law found thereby and give assistance in the investigation and handling of such violations.
Where transport vehicles that enter China carry persons who are not allowed to enter China, the persons in charge of the transport vehicles shall be responsible for their leaving.
Article 53 Exit/entry border inspection authorities shall supervise transport vehicles that exit or enter China under any of the following circumstances:
(1) Between exit border inspection and exit for transport vehicles that exit China, and between entry and entry border inspection for transport vehicles that enter China;
(2) When foreign ships navigate in China’s inland waters; or
(3) Other circumstances in which supervision is necessary.
Article 54 Persons who need to embark on or disembark from foreign ships for reasons such as goods loading or unloading, maintenance operations or visit shall apply to exit/entry border i
